Mr T Mahmood v Amora Linen Services Ltd: 1308909/2023
JUDGMENT
[1]The complaint of unauthorised deductions from pay contrary to Part II Employment Rights Act 1996 (‘ERA’) is well-founded. The respondent made an unauthorised deduction from the claimant's pay in respect of the period 1 November to 2 December 2023. The respondent is ordered to pay to the claimant the gross sum of £1688.40.[2]The complaint of unfair dismissal under Part X ERA is well-founded. The claimant was unfairly dismissed. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 (‘ACAS Code’) and it is just and equitable to increase the compensatory award payable to the claimant by 25% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992 (‘TULRCA’). The respondent is ordered to pay the claimant the following:(a) A basic award in the sum of £2,430.(b) A compensatory award in the sum of £5,463.75.[3]The complaint of breach of contract in relation to notice pay is well-founded. The respondent is ordered to pay the claimant the sum of £2,025 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will be taxed upon it as Post Employment Notice Pay and an uplift of 25% has been applied in accordance Case No. 1308909/2023 with section 207A TULRCA as the respondent unreasonably failed to comply with the ACAS Code.[4]Under section 163 ERA it is determined that the claimant is not entitled to a redundancy payment.[5]The Recoupment Regulations do not apply. Signed by: